HomeMy WebLinkAboutContract 63201CSC No. 63201
Recreation Grant Agreement
Federal Sub -Award
TPWD P.O. Number: CA-0007298
Project Number: 48-01283
Sponsor Name: City of Fort Worth - Parks and Recreation Department
Project Name: Sycamore Park Improvements
Federal Award Identification Number (FAIN): P24AP01420
Sponsor Unique Entity Identifier: ENS6MKS1ZL18
Catalogue of Federal Domestic Assistance Number (CFDA): 15.916
Agreement Term / Period of Performance: 09/19/2024 - 09/30/2027
Federal Share: $1,500,000.00
Sponsor Share: $1,500,000.00
Total Project Cost: $3,000,000.00
SECTION 1 - PROJECT DESCRIPTION AND LOCATION
This subaward agreement (Grant Agreement) is entered into by the Texas Parks and Wildlife
Department (Department), and the City of Fort Worth - Parks and Recreation Department (Sponsor).
This sub -award is funded through National Park Service issued to the Department on 0911912024
The scope of this Grant Agreement includes:
The City of Fort Worth will renovate and further develop +/- 154.2-acre Sycamore Park. The grant scope
includes the following elements: site work, overlook pavilion, 10'-wide paved trails, native landscaping, pond,
site amenities (picnic tables, water fountains, trash cans), 6'-wide paved trails and soft surface trails, and
signage. Professional services for design are included with a pre -award date of 12/01/2023.
Sycamore Park is located at 2400 E Vickery Blvd, Fort Worth, Texas 76104.
This sub -award is not for research and development.
SECTION 2 - SPECIAL CONDITIONS APPLICABLE TO THIS AGREEMENT
A. Sponsor must: 1) complete the reviews required to comply with the National Environmental Policy Act
(NEPA), 2) make a determination as to the project's potential to cause impacts or effects to environmental
resources, and 3) complete the NEPA compliance process in a way approved by National Park Service Land
and Water Conservation Fund (NPS LWCF) Stateside Assistance Program.
B. The Sponsor must coordinate with the State Historic Preservation Office and the NPS LWCF Stateside
Assistance Program to achieve clarification on and compliance with Section 106 of the National Historic
Preservation Act (NHPA).
C. The Sponsor must coordinate with the United States Army Corps of Engineers (USACE) and complete the
required reviews, and as needed permits, in accord with the National Environmental Policy Act (NEPA).
D. The Sponsor will comply with National Bald Eagle Management Guidelines and Nationwide Standard
Conservation Measures published by the U.S. Fish and Wildlife Service.
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth - Parks and Recreation Department -Sycamore Park Improvements FT. WORTH, Tx
E. An Official Boundary Map that meets program requirements is required before final reimbursement and
project closeout. Identify all the structures within the encumbrance, list the outdoor recreation function and/or
support of each and as available, list the dates of construction on the boundary map or in a separate
attachment.
F. Permanent Public Park & Recreation Dedication. All land or water receiving program assistance shall be
dedicated for public park and recreation use in perpetuity. No property acquired or developed with program
assistance shall be converted to other than public park and recreation uses without the approval of the
Department and the substitution of other park and recreation properties of at least equal fair market value and
equivalent park and recreation usefulness.
G. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure
Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that
is part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the
iron, steel, manufactured products, and construction materials used in the project are produced in the United
States, unless subject to an approved waiver. The requirements of this section must be included in all sub -
awards, including all contracts and purchase orders for work or products under this program. The attached
Federal Agreement can be referenced for additional information.
SECTION 3 - PRE -AWARD INCURRENCE OF COSTS
The Recipient is authorized for reimbursement of, or use as match, costs up to $1,000.00 incurred on or after
12/01/2023. Pre -award costs must be allowable, allocable, and reasonable under the terms and conditions of
this Agreement and in accordance with the approved project budget. These costs must be charged to the
initial budget period of the award and in accordance with the approved cost -share ratio.
SECTION 4 - APPROVED INDIRECT COST RATE
N/A
SECTION 5 - KEY OFFICIALS
Key officials are essential to ensure maximum coordination and communications between the parties
and the work being performed. They are:
FOR TEXAS PARKS AND WILDLIFE DEPARTMENT:
Dana Lagarde
Director of Recreation Grants
4200 Smith School Road
Austin, Texas 78744
(512)389-8224
Dana. Laaarde cni tDwd.texas.aov
Grant Manager:
Dan Reece
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
dan.reecea-tDwd.texas.aov
Grant Coordinator:
City of Fort Worth - Parks and Recreation Department -Sycamore Park Improvements 2
Matthew Mears
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
matthew. mearsatDwd.texas. aov
FOR PROJECT SPONSOR:
Official Point of Contact
Dana Burghdoff
Assistant City Manager
100 Fort Worth Trail
Fort Worth, Texas, 76102
(817) 392-8018
dana.burandoffafortworthtexas.aov
Project Coordinator
Jing Yang
Project Manager
100 Fort Worth Trail
Fort Worth, Texas, 76102
(817) 392-5742
iinq.yanq(aDfortworthtexas.gov
Fiscal Contact
Jing Yang
Project Manager
100 Fort Worth Trail
Fort Worth, Texas, 76102
(817) 392-5742
iinq.yanq(cDfortworthtexas.gov
SECTION 6 - AWARD AND PAYMENT
A. The Department will provide funding to the Sponsor in an amount not to exceed $1,500,000.00 for the
project described under Project Description and Location above and in accordance with the
Department -approved budget summary attached.
B. The Sponsor shall obtain prior approval from the Department for budget and program revisions, and
shall request reimbursement via payment in accordance with the most current version of the
Instructions for Approved Projects Recreation Grant Programs on form PWD BK P4000-1146.
C. In order to receive a financial assistance award and to ensure proper payment, it is required that
Sponsor maintain their registration with the System for Award Management (SAM), accessed at
httD://www.sam.aov. Failure to maintain registration can impact obligations and payments under this
Grant Agreement and/or any other financial assistance or procurement documents the Sponsor may
have with the Federal government.
D. Expenses charged against awards under the Grant Agreement, unless approved in Section 3, may not
be incurred prior to the beginning of the Grant Agreement and may be incurred only as necessary to
carry out the approved objectives, scope of work and budget with prior approval from the Department
Key Officials. The Sponsor shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the expiration date stipulated in the award.
E. Indirect costs will not be allowable charges against the award unless specifically included as a line item
in the approved budget incorporated into the award.
F. The Sponsor must meet their cost share commitment over the life of the award, as specified in section
City of Fort Worth - Parks and Recreation Department -Sycamore Park Improvements
2 of this agreement. Non-federal cost -share is required for costs incurred under this Grant Agreement.
SECTION 7 - MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION
A. This Agreement may be modified only by a written instrument executed by the parties. Modifications
will be in writing and approved by the Department and the authorized representative of Sponsor.
B. Additional conditions may be imposed by the Department if it is determined that the Sponsor is
non —compliant with the terms and conditions of this agreement.
C. The Department may suspend program assistance under the project pending corrective action by the
Sponsor or pending a decision to terminate the grant by the Department.
D. The Sponsor may unilaterally terminate the project prior to the first payment on the project or within 90
days of the TPWD Approval Date, whichever occurs earlier. After the initial payment, the project may
be terminated, modified, or amended by the Sponsor only by agreement with the Department.
E. The Department may terminate the project in whole, or in part, at any time before the date of
completion, whenever it is determined that the Sponsor has failed to comply with the conditions of the
grant. The Department will promptly notify the Sponsor in writing of the determination and the reasons
for termination, together with the effective date. Payments made to the Sponsor or recoveries by the
Department under projects terminated for cause shall be in accord with the legal rights and liabilities of
the parties.
F. The Department or Sponsor may terminate grants in whole, or in part, at any time before the date of
completion, when both parties agree that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial termination, the portions
to be terminated. The Sponsor shall not incur new obligations for the terminated portion after the
effective date and shall cancel as many outstanding obligations as possible. The Department may
allow full credit to the Sponsor for the State/Federal share of the non -cancelable obligations, property
incurred by the Sponsor, pending written receipt of the determination and the reasons for termination,
together with the effective date. Payments made to the Sponsor or recoveries by the Department
under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties.
G. Termination either for cause or for convenience requires that the project in question be brought to a
state of recreational usefulness agreed upon by the Sponsor and the Department, or that all funds
provided by the Department be returned.
H. If the Sponsor does not comply with provisions as set forth in the grant agreement and the Recreation
Grants Manual regarding both active project compliance and compliance at previously assisted grant
sites, the following actions may be taken:
1. The Department may withhold payment to the Sponsor;
2. The Department may withhold action on pending projects proposed by the Sponsor
SECTION 8 - CLOSEOUT
Sponsor will follow closeout procedures in the Instructions for Approved Projects Recreation Grant Programs
PWD BK P4000-1146.
City of Fort Worth - Parks and Recreation Department -Sycamore Park Improvements 4
SECTION 9 - TERMS OF ACCEPTANCE
By accepting funds under this grant, the Sponsor agrees to comply with the terms and conditions of this Grant
Agreement, and the terms and conditions of all attachments that are applicable to the Sponsor. Sponsor also
agrees to comply with assurances and certifications made in its approved grant application submitted via
Recreation Grants Online, and applicable federal statutes, regulations and guidelines. Sponsor agrees to
fulfill the grant in accordance with the approved grant application, budgets, supporting documents, and all
other representations made in support of the approved grant application.
Signature Authority
The person or persons signing this Grant Agreement on behalf of the Sponsor hereby warrant and guarantee
that they are duly authorized by the Sponsor to execute this Grant Agreement on behalf of the Sponsor and to
validly and legally bind the Sponsor to all the terms of this agreement.
Entire Agreement; Modifications Must Be in Writing
This Grant Agreement and each of its provisions will be binding upon the parties and may not be waived,
modified, amended or altered unless with prior written approval by both parties.
Venue; Governing Law
This Grant Agreement shall be governed by the laws of the State of Texas. The proper place of venue for suit
on or in respect of the Agreement shall be Travis County.
SECTION 10 —ATTACHMENTS INCORPORATED BY REFERENCE
The Federal regulations titled "2 CFR, Part 200: Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards" are incorporated by reference into this Agreement (full text can be
found at httD://www.ecfr.aov)
The following completed documents are attached to and made part of this Agreement:
Budget Summary
Working Boundary Map
Certificate of Land Dedication (signature required)
Texas Historical Commission Review
TPWD Environmental Review
Assurances for Federal Sub -awards
Construction Assurances (federal)
Texas Grant Management Standards
Federal Agreement
Monitoring Plan
SECTION 11 —SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below.
City of Fort Worth - Parks and Recreation Department -Sycamore Park Improvements
TEXAS PARKS AND WILDLIFE DEPARTMENT
City of Fort Worth
Signature: Dana Lagarde
Date: 03/03/2025
SAM Date/Initials: 02/28/2025 / M.M.
Federal Aid Date/Initials: 01/17/2025 / A.F.
Name: Dana Burghdoff
Title: Assitant City Manaqer
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Signature: Dana Burghdoff (Apr 2025 CDT)
Date: 04/30/2025
City of Fort Worth - Parks and Recreation Department -Sycamore Park Improvements 6
ADDITIONAL ROUTING SIGNATURES
CITY OF FORT WORTH
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
�r�eagl',e.l
Doue Beatles / Doug Bea es (Mar 1s Z025 11:29 CDT) Name of Employee/Signature
Title: Proiect Manager
Email: doug.beagles@fortworthtexas.gov
APPROVAL RECOMMENDED:
BY:
Dave Lewis, Director
Park & Recreation Department
Email: dave.lewis@fortworthtexas.gov
CONTRACT AUTHORIZATION
M &C: 24-0878
Date Approved:10/15/2024
Form 1295: N/A
APPROVED AS TO FORM AND LEGALITY:
BY: Douglas Black (Apr 29, 2025 17:54 CDT)
Douglas W. Black
Senior Assistant City Attorney
Email: douglas.black@fortworthtexas.gov
Ji SI JoJo. M,
ATTEST AS TO CITY MANAGER SIGNATURE:
BY:
Jannette S. Goodall
0 0 d
City Secretary °��a?exasap�
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Email: Jannette.Goodall@fortworthtexas.gov
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CITY COUNCIL AGENDA
Create New From This M&C
DATE: 10/15/2024 REFERENCE M&C 24-0878 LOG NAME:
NO.:
CODE: G TYPE: NON- PUBLIC
CONSENT HEARING:
Official site of the City of Fort Worth, Texas
Fott W
80SYCAMORE PARK -
N VICKERY
1 us
SUBJECT: (CD 8) Authorize Acceptance of an Urban Outdoor Recreation Grant of Up to
$1,500,000.00 from the Texas Parks & Wildlife Department for Sycamore Park; Authorize
the Use of 2022 Bond Program Funds Up to $1,500,000.00 for a Grant Match, Adopt
Appropriation Ordinance, and Amend the Fiscal Years 2025-2029 Capital Improvement
Plan (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of an Urban Outdoor Recreation Grant from the Texas Parks &
Wildlife Department for the Sycamore Park project (City Project No. 104193) with State
participation in the amount of $1,500,000.00 for a total grant project cost of up to
$3,000,000.00;
2. Authorize the use of up to $1,500,000.00 of 2022 Bond Program funds as the City's direct
match;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Capital Project State Fund in an amount up to (1) $1,500,000.00, subject to
the receipt of the grant, and (2) $1,500,000.00 as a transfer from the 2022 Bond Program
Fund to satisfy the City's match requirements, totaling $3,000,000.00, for the purpose of
funding the 2022 Bond Sycamore Park project (City Project No. 104193); and
4. Amend the Fiscal Years 2025-2029 Capital Improvement Plan.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to accept a grant in the amount of
$1,500,000.00 from the Texas Parks & Wildlife Department (TPWD) Urban Outdoor Grant
Program. This grant will provide for the development of park improvements at Sycamore Park (City
Project No. 104193), an approximately 154-acre tract of land located at 2525 E. Rosedale Street, in
east Fort Worth.
On June 27, 2023, the City Council adopted Resolution NO. 5769-06-2023 authorizing the Park &
Recreation Department (PARD) to apply for an Urban Outdoor Recreation Grant from the TPWD. The
application was successful, and on January 25, 2024, the Texas Parks and Wildlife Commission
approved the issuance of $1,500,000.00 in grant funding to the City of Fort Worth to develop
proposed improvements at Sycamore Park.
Per the TPWD grant application structure, an in -kind grant match is required. For the in -kind match,
the PARD leveraged $1,500,000.00 of 2022 Bond Funds already appropriated for the development of
Sycamore Park project (City Project No. 104193). This follows the City's fiscal policy regarding the
use of bond funds.
This is a reimbursement grant, and all grant funding is to be used for construction purposes only, no
indirect costs are applicable. The City of Fort Worth is solely responsible for any additional costs
associated with project administration, design, construction inspection, and materials testing.
This contract will be with a governmental entity, state agency, or public institution of higher education:
apps. cfwnet.org/cou ncil_packet/mc_review.asp?I D=32584&counci ddate=10/15/2024 1 /2
Texas Parks and Wildlife Department. It does not request approval of a contract with a private
business entity.
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP)
(M&C 22-0607; Ordinance 25765-08-2022) provided liquidity to support the appropriation. Available
resources will be used to actually make any interim progress payments until debt is issued. Once
debt associated with a project is sold, debt proceeds will reimburse the interim financing source in
accordance with the statement expressing official Intent to Reimburse that was adopted as part of the
ordinance canvassing the bond election (Ordinance 25515-05-2022).
The PARD's Capital Improvements Plan (CIP) does not include potential grant awards. Therefore, the
action in this M&C is not included in the FY2025-2029 CIP and will amend the FY2025 CIP.
Sycamore Park is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the
grant and adoption of the attached appropriation ordinances, funds will be available in the current
capital budget, as appropriated, in the Grants Capital Project State Fund. The Park & Recreation
Department (PARD) (and Financial Management Services) will be responsible for the collection and
deposit of funds due to the City. Prior to an expenditure being incurred, the PARD has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project
ID ID
Submitted for Citv Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Program Activity Budget Reference # Amount
Year (Chartfield 2)
Jesica L. McEachern (5804)
Richard Zavala (5704)
Scott Penn (5750)
104193 Funds Availabilitv Match Rqmt 9.5.24.pnq (CFW Internal)
80Svcamore Park - N Vicken/ Updated 2024-09-06 Updated Acct No..xlsx (CFW Internal)
ORD.APP 80SYCAMORE PARK - N VICKERY 31002 AO(R3).docx (Public)
Resolution 5769-06-2023.pdf (Public)
Svcamore Park - Bond Proposition.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=32584&councildate=10/15/2024 2/2
City of Fort Worth - Parks and Recreation Department — Sycamore Park Improvements — 48-01283
TEXAS PARKS AND WILDLIFE DEPARTMENT
CERTIFICATE OF LAND DEDICATION FOR PARK USE
Land and Water Conservation Fund
This is to certify that a permanent record shall be kept in the City of Fort Worth - Parks and
Recreation Department public property records and be made available for public inspection to the
effect that the property described in the scope of the Grant Agreement for City of Fort Worth -
Parks and Recreation Department — Sycamore Park Improvements, Project Number 48-
01283, and the dated project boundary map made part of that Agreement, has been acquired or
developed with Land and Water Conservation Fund assistance and that it cannot be converted to
other than public recreation use without the written approval of the Texas Parks and Wildlife
Department.
City of Fort Worth
Sponsor (Political Subdivision)
0:110ell-
By Dana Bumhdoff (Apr 0. 6i�l
Dana Burghdoff, Assistant City Manager
Name, Title
04/30/2025
Date
Uniform Assurances for Federal Subawards
02/01/2025
Texas Parks and Wildlife Department
Recreation Grants
Uniform Assurances for Federal Subawards
UNIFORM ASSURANCES
Anti -Lobbying Recipient certifies that no federal appropriated funds have been paid or will be
paid to any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress on its behalf to obtain, extend, or modify this grant. If non-
federal funds are used by Recipient to conduct such lobbying activities, Recipient shall promptly
file the prescribed disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), Recipient
acknowledges and agrees that it is responsible for ensuring that each subcontractor certifies its
compliance with the expenditure prohibition and the declaration requirement.
Child Support Obligation Recipient represents and warrants that it will include the following clause
in the award documents for every subcontract and will require contractors to certify accordingly:
"Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or
business entity named in this contract, bid or application is not ineligible to receive the specified
payment and acknowledges that this contract may be terminated and payment may be withheld if
this certification is inaccurate. A bid or an application for a contract paid from state funds must
include the name and social security number of the individual or sole proprietor and each partner,
shareholder, or owner with an ownership interest of at least 25 percent of the business entity
submitting the bid or application."
Clean Air Act and Federal Water Pollution Control Act Recipient represents and warrants that
it will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387).
Compliance with Laws, Rules, and Requirements Recipient represents and warrants that it will
comply and assure the compliance of all its contractors, with all applicable federal and state laws,
rules, regulations, and policies in effect or hereafter established. In addition, Recipient represents
and warrants that it will comply with all requirements imposed by the awarding agency concerning
special requirements of law, program requirements, and other administrative requirements. In
instances where multiple requirements apply to Recipient, the more restrictive requirement applies.
Cybersecurity Training Program Recipient represents and warrants its compliance with Section
2054.5191 of the Texas Government Code relating to the cybersecurity training program for local
government employees who have access to a local government computer system or database. If
Recipient has access to any state computer system or database, Recipient shall complete
Page 1 of 7
Uniform Assurances for Federal Subawards
02/01/2025
Cybersecurity training and verify completion of the training program to the Department pursuant to
and in accordance with Section 2054.5192 of the Government Code.
Debarment and Suspension Recipient certifies that it and its principals are not suspended or
debarred from doing business with the state or federal government as listed on the State of Texas
Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for
Award Management (SAM) maintained by the General Services Administration.
Disclosure of Violations of Federal Criminal Law Recipient represents and warrants its
compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal
criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or
administrative proceedings to SAM.
Disclosure Protections for Certain Charitable Organizations, Charitable Trusts and Private
Foundations Recipient represents and warrants that it will comply with Section 2252.906 of the
Texas Government Code relating to disclosure protections for certain charitable organizations,
charitable trusts, and private foundations.
Dispute Resolution The dispute resolution process provided in Chapter 2009 of the Texas
Government Code is available to the parties to resolve any dispute arising under the agreement.
Equal Employment Opportunity The Recipient hereby agrees that it will incorporate or cause
to be incorporated into any contract for construction work, or modification thereof, as defined in
the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity clause:
During the performance of this contract, the Recipient agrees as follows:
(1) The Recipient will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Recipient will take affirmative action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
Page 2 of 7
Uniform Assurances for Federal Subawards
02/01/2025
(2) The Recipient will, in all solicitations or advertisements for employees placed by or on behalf
of the Recipient, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Recipient will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed,
or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with
the Recipient's legal duty to furnish information.
(4) The Recipient will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Recipient's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(5) The Recipient will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the Recipient may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The Recipient will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Recipient will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,
the contractor may request the United States to enter into such litigation to protect the interests
of the United States.
Page 3 of 7
Uniform Assurances for Federal Subawards
02/01/2025
The Recipient further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, That if the Recipient so participating is a State or local government, the above
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The Recipient agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of Labor such information
as they may require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for securing
compliance.
The Recipient further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and federally
assisted construction contracts pursuant to the Executive Order and will carry out such sanctions
and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order. In addition, the Recipient agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the Recipient under the program
with respect to which the failure or refund occurred until satisfactory assurance of future
compliance has been received from such applicant; and refer the case to the Department of
Justice for appropriate legal proceedings.
Excluded Parties Recipient certifies that it is not listed in the prohibited vendors list authorized by
Executive Order No. 13224, 'Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of
the Treasury, Office of Foreign Assets Control.
Executive Head of a State Agency Affirmation Under Section 669.003 of the Texas Government
Code, Recipient certifies that it does not employ, or has disclosed its employment of, any former
executive head of the Agency.
Funding Limitation Recipient agrees that nothing in this Grant Agreement will be interpreted to
create an obligation or liability of the Department in excess of the funds delineated in this Grant
Agreement. Recipient agrees that funding for this Grant Agreement is subject to the actual receipt
by the Department of grant funds appropriated to the Department. Recipient agrees that the grant
funds, if any, received from the Department may be limited by the term of each state biennium and
by specific appropriation authority to and the spending authority of the Department for the purpose
of this Grant Agreement. Recipient agrees that notwithstanding any other provision of this Grant
Agreement, if the Department is not appropriated the funds or if the Department does not receive
Page 4 of 7
Uniform Assurances for Federal Subawards
02/01/2025
the appropriated funds for this grant program, or if the funds appropriated to the Department for this
grant program are required to be reallocated to fund other federal or state programs or purposes,
the Department is not liable to pay the Recipient any remaining balance on this grant.
FEND, INDEMNIFY AND I1^I ^ 11ARMLCL\3 TI IC OTAT-E
-OF TEXAP� VJD DCf'f�RTWENT, A NENOR TI ICIR GFFIOCRO, AOENTO, CIIvHD-I:0VEE0,
REPRESENT, CNEEC, ANDQR DESIGNEES F-149nn N* nnln
ALL 1=1,^.QI! ITY, ACTIONS r-LAMj nF_4A1NIJC, OR UJITC, A49--7\LL RELATED ,
ATTG4ICV���ND EXrEN , CGJLTINS
QNAIQQIGNS QF= ReGipieRtAGENTS, EMPLOYEES UJ0G9NTOAGT9no ORDER
FULFILLCI:�S—,oR OUrrLICRO OF OUDeeNTRA&F 0 IIJ TIIC C)(Ee
OF TI IC AOT o..J ai,y TIIEcaN=fRAe=f
TI IC DCFSPICl CI TALL CC 1TCD DY 1133; Tl I TI IE 8FF16E-OF TI IC TE)(,kS
-AT-TORNEY QENEDAI=-THEN TEXA9 9TAmE AGENGIES ARE NAMED DEFENDANTS If I ,'44*
L ` SHIT -AND Rari,pi.-, it MAY NE)T "tliCC T9-ANY ClTTLENIENT W+Ti+OUT FIROT
OBTAINING THE GJJflRENCrE �F�RF 31b1 TI 9FFIGOF TIIC TE)(
C Fal'I FoRAL. ResipieR` W 0 C'G,A^RvTENIT AGREE T F KNISH T1MF=I * VV ITTEN N9:FIa ITrE:FG
EAe' ' OTI ICr
Legal Authority Recipient represents that it possesses legal authority to apply for the grant. A
resolution, motion or similar action has been duly adopted or passed as an official act of the
Recipient's governing body, authorizing the filing of the application, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the official
representative, or the designee of Recipient to act in connection with the application and to provide
such additional information as may be required.
Lobbying Expenditure Restriction Recipient represents and warrants that Department's
payments to Recipient and Recipient's receipt of appropriated or other funds under the grant are
not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict
lobbying expenditures.
Conflicts of Interest Recipient represents and warrants its compliance with the Federal awarding
agency's conflict of interest policies in accordance 2 CFR § 200.112. Recipient represents and
warrants that performance under the Grant Agreement will not constitute an actual or potential
conflict of interest or reasonably create an appearance of impropriety. Further, Recipient represents
and warrants that in the administration of the grant, it will comply with all conflict of interest
prohibitions and disclosure requirements required by applicable law, rules, and policies, including
Chapter 176 of the Texas Local Government Code. If circumstances change during the course of
the grant, Recipient shall promptly notify Department.
Page 5 of 7
Uniform Assurances for Federal Subawards
02/01/2025
No Waiver of Sovereign Immunity The Parties expressly agree that no provision of the Grant
Agreement is in any way intended to constitute a waiver by the Department or the State of Texas
of any immunities from suit or from liability that the Department or the State of Texas may have by
operation of law.
Open Meetings If the Recipient is a governmental entity, Recipient represents and warrants its
compliance with Chapter 551 of the Texas Government Code which requires all regular, special or
called meeting of a governmental body to be open to the public, except as otherwise provided by
law.
Texas Public Information Act Recipient understands that Department will comply with the Texas
Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial
rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and
other material in connection with this Grant Agreement or any resulting contract or grant may be
subject to public disclosure pursuant to the Texas Public Information Act. In accordance with
Section 2252.907 of the Texas Government Code, Recipient is required to make any information
created or exchanged with the State pursuant to the contract, and not otherwise excepted from
disclosure under the Texas Public Information Act, available in a format that is accessible by the
public at no additional charge to the State.
Reporting Compliance Recipient represents and warrants that it will submit timely, complete, and
accurate reports in accordance with the grant and maintain appropriate backup documentation to
support the reports.
Records Retention Recipient represents and warrants its compliance with the records retention
requirements of 2 CFR § 200.333. Department reserves the right to direct a Recipient to retain
documents for a longer period of time or transfer certain records to Department custody when it is
determined the records possess longer term retention value. Recipient must include the substance
of this clause in all subcontracts.
Reporting Suspected Fraud and Unlawful Conduct Recipient represents and warrants that it will
comply with Section 321.022 of the Texas Government Code which requires that suspected fraud
and unlawful conduct be reported to the State Auditor's Office.
State Auditor's Right to Audit The state auditor may conduct an audit or investigation of any entity
receiving funds from the state directly under the contract or indirectly through a subcontract under
the contract. The acceptance of funds directly under the contract or indirectly through a subcontract
under the contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Under the direction of the legislative audit committee, an entity that is the subject of an audit or
Page 6 of 7
Uniform Assurances for Federal Subawards
02/01/2025
investigation by the state auditor must provide the state auditor with access to any information the
state auditor considers relevant to the investigation or audit.
RECIPIENT NAME : City of Fort Worth
Signature: Dana Burghdoff (Apr 0, 202 6 (CDT)
Name and Title: Dana Burghdoff, Assistant City Manager
Date: 04/30/2025
Page 7 of 7
View Burden statement I ASSURANCES - CONSTRUCTION PROGRAMS
OMB Number: 4040-0009
Expiration Date: 02/28/2025
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance,
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project costs) to ensure proper planning,
management and completion of project described in
this application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
the right to examine all records, books, papers, or
documents related to the assistance; and will establish
a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.
3. Will not dispose of, modify the use of, or change the
terms of the real property title or other interest in the
site and facilities without permission and instructions
from the awarding agency. Will record the Federal
awarding agency directives and will include a covenant
in the title of real property acquired in whole or in part
with Federal assistance funds to assure
non-discrimination during the useful life of the project.
4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
5. Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progressive reports and such other information as may be
required by the assistance awarding agency or State.
6. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding agency
7. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards of merit systems for programs funded
under one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to
non-discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29) U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statue(s)
under which application for Federal assistance is being
made; and Q) the requirements of any other
nondiscrimination statue(s) which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97)
Prescribed by OMB Circular A-102
11. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal and federally -assisted
programs. These requirements apply to all interests in real
property acquired for project purposes regardless of
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally -assisted
construction subagreements.
14. Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973
(P.L. 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase
flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
Dana Burghdoff (Apr 0, 20256&6 CDT)
APPLICANT ORGANIZATION
ICity of Fort Worth
Federal actions to State (Clean Air) implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species
Act of 1973, as amended (P.L. 93-205).
16. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq).
18. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
20. Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub -recipient from (1) Engaging in severe
forms of trafficking in persons during the period of time
that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the
award or subawards under the award.
TITLE
(Assistant City Manager
DATE SUBMITTED
04/30/2025
SF-424D (Rev. 7-97) Back